An employer that underpaid its contributions to retirement plans is liable for the underpaid amount, interest, liquidated damages and other fees, totaling $249,348.25. Background In their amended complaint, filed on Sept. 13, 2016, plaintiffs brought two counts under the Employee ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

A $475,000 settlement in a case alleging medical negligence in the wrongful death of a father was determined to be fair. In addition, a child who was born 301 days after his father left for Vietnam was presumed to be ...

Tagged with: Judge T.S. Ellis III Medical Malpractice U.S. District Court - Eastern District

A defaulting employer has been ordered to pay overtime wages, an equal amount for liquidated damages and attorneys’ fees and costs. That same defendant remains liable for a prior award of fees resulting from a successful sanctions motion. Background This ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where the owner misrepresented the condition of his boat in order to reinstate previously cancelled coverage, and the insurance carrier paid $15,389.92 before it discovered the fraud, the carrier had no further responsibility and was entitled to recoup the monies ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

A declaratory judgment action over whether a former employee was owed commissions was dismissed because the dispute had already ripened into a claim for breach of contract after the company terminated him and refused to pay him  commissions. As such, ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Disagreements between neighbors over the size, temperament and bathroom habits of the plaintiffs’ emotional support dog did not support claims for accommodation or retaliation under the Fair Housing Act, or FHA. Nor did it give rise to claims under § ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District